Legal Question in Civil Litigation in Pennsylvania
Ebay transaction
A few months ago, i won an item on Ebay. As soon as the auction ended i payed for the item with Paypal. 50 days later i still hadn't received the item. So, i filed a complaint with paypal and i was refunded the money. The seller contacted me and told me that he was going to sell the item to someone else.I didn't care because i had my money and he still had the item. Now he says that it was a legal contract and he is going to sue me in small claims court. Am i still legally bound to buy this item?
1 Answer from Attorneys
Re: Ebay transaction
It sounds like you completed your end of the contract, but that the seller failed to comply within a reasonable time as anticipated under customary practice. If any one breached the contract, it was the seller and you merely mitigated your damages by getting a refund from Paypal. If the seller threatens a small claims matter, remind him that it must be in Pennsylvania and that you are entitled to file a counter claim based on his breach. Make sure you save all documentation of the sale, payment, refund and other communications. Good luck.
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